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278.704 Merchant electric generating facility -- Construction certificate -Location of exhaust stack -- Setback requirement.
(1)
(2)
(3)
(4)
(5)
No person shall commence to construct a merchant electric generating facility
until that person has applied for and obtained a construction certificate for the
facility from the board. The construction certificate shall be valid for a period of
two (2) years after the issuance date of the last permit required to be obtained
from the Energy and Environment Cabinet after which the certificate shall be
void. The certificate shall be conditioned upon the applicant obtaining
necessary air, water, and waste permits. If an applicant has not obtained all
necessary permits and has not commenced to construct prior to the expiration
date of the certificate, the applicant shall be required to obtain a valid certificate
from the board.
Except as provided in subsections (3), (4), and (5) of this section, no person
shall commence to construct a merchant electric generating facility unless the
exhaust stack of the proposed facility is at least one thousand (1,000) feet from
the property boundary of any adjoining property owner and two thousand
(2,000) feet from any residential neighborhood, school, hospital, or nursing
home facility.
If the merchant electric generating facility is proposed to be located in a county
or a municipality with planning and zoning, then setback requirements from a
residential neighborhood, school, hospital, or nursing home facility may be
established by the planning and zoning commission. Any setback established
by a planning and zoning commission for a facility in an area over which it has
jurisdiction shall:
(a) Have primacy over the setback requirement in subsections (2) and (5) of
this section; and
(b) Not be subject to modification or waiver by the board through a request
for deviation by the applicant, as provided in subsection (4) of this section.
The board may grant a deviation from the requirements of subsection (2) of
this section on a finding that the proposed facility is designed and located to
meet the goals of KRS 224.10-280, 278.010, 278.212, 278.214, 278.216,
278.218, and 278.700 to 278.716 at a distance closer than those provided in
subsection (2) of this section.
If the merchant electric generating facility is proposed to be located on a site of
a former coal processing plant in the Commonwealth where the electric
generating facility will utilize on-site waste coal as a fuel source, then the one
thousand (1,000) foot property boundary requirement in subsection (2) of this
section shall not be applicable; however, the applicant shall be required to
meet any other setback requirements contained in subsection (2) of this
section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 606, effective July 15, 2010. -Created 2002 Ky. Acts ch. 365, sec. 3, effective April 24, 2002.
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